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(a) (1) A business entity subject to tax on net profits may be subject to a penalty equal to five percent (5%) of the tax due for each calendar month or fraction thereof, if the business entity:
a. Fails to file any return or report on or before the due date prescribed for filing or as extended by the city; or
b. Fails to pay the tax computed on the return or report on or before the due date prescribed for payment.
(2) The total penalty levied pursuant to this subsection shall not exceed twenty- five percent (25%) of the total tax due; however, the penalty shall not be less than twenty-five dollars ($25.00).
(b) Every employer who fails to file a return or pay the tax on or before the time prescribed under section 16-20 of this article may be subject to a penalty in amount equal to five percent (5%) of the tax due for each calendar month or fraction thereof. The total penalty levied pursuant to this subsection shall not exceed twenty-five percent (25%) of the total tax due; however, the penalty shall not be less than twenty-five dollars ($25.00).
(c) In addition to the penalties prescribed in this section, any business entity or employer shall pay, as part of the tax, an amount equal to twelve percent (12%) per annum simple interest on the tax shown due, but not previously paid, from the time the tax was due until the tax is paid to the city. A fraction of a month is counted as an entire month.
(d) Every tax imposed by this article, and all increases, interest and penalties thereon, shall become, from the time the tax is due and payable, a personal debt of the taxpayer to the city.
(e) The city may enforce the collection of the occupational tax due under section 16-18 of this article, and any fees, penalties and interest, as provided in subsections (a), (b), (c) and (d) of this section, by civil action in a court of appropriate jurisdiction. To the extent authorized by law, the city shall be entitled to recover all court costs and reasonable attorney fees incurred by it in enforcing any provision of this article.
(f) In addition to the penalties prescribed in this section, any business entity or employer who willfully fails to make a return, who willfully makes a false return, or who willfully fails to pay taxes owing or collected, with the intent to evade payment of the tax or amount collected, or any part thereof, shall be guilty of a Class A misdemeanor.
(g) Any person who willfully aids or assists in, or procures, counsels or advises the preparation or presentation under, or in connection with, any matter arising under this article of a return, affidavit, claim or other document, which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document, shall be guilty of a Class A misdemeanor.
(h) A return for the purpose of this section shall mean and include any return, declaration or form prescribed by the city and required to be filed with the city by the provisions of this article, or by the rules of the city, or by written request for information to the business entity by the city.
(i) Any person violating the provisions of section 16-26 of this article, by intentionally inspecting confidential taxpayer information without authorization, shall be fined not more than five hundred dollars ($500.00), or imprisoned for not longer than six (6) months, or both.
(j) Any person violating the provisions of section 16-26 of this article, by divulging confidential taxpayer information, shall be fined not more than one thousand dollars ($1,000.00), or imprisoned for not more than one (1) year, or both.
(Ord. No. 1687, 9-26-05)